BenchNOTES - September 2016

Last Month's OATH Decisions

The documents below are in PDF format. Download the Adobe Reader now.

Personnel

Counsellor used unauthorized force on juveniles.

A juvenile counselor was charged with unauthorized use of force against four different juvenile residents, making false and misleading statements and using profane and threatening language towards a supervisor.  Petitioner offered video that showed the exchange between respondent and the juveniles.  Admin. for Children’s Servs. v. Patterson, OATH Index No. 904/16 (Sept. 2, 2016), adopted, Comm’r Dec. (Sept. 22, 2016).

Read more

Contracts

Contractor waived claim.

A contract to rehabilitate a prisoner transit tunnel was cancelled by the Department of Correction before work commenced.  The contractor sought $64,561 under the liquidated damages clause in the contract for cancelled lump sum contracts.  Varied Construction Corp. v. Dep’t of Correction, OATH Index No. 2077/16, mem. dec. (Sept. 19, 2016).

Read more

Licensing

Improper proof of service results in dismissal of charges.

The Business Integrity Commission alleged that respondents failed to comply with a Commission Directive mandating each respondent to provide the Commission with an email address, in violation of Commission rule 1-09.  ALJ Susan J. Pogoda found that the Commission failed to establish proper service of the charges, the Commission Directive and the Notice of Hearing on each respondent.  Business Integrity Comm’n v. All Boro Trucking Corp., OATH Index Nos. 2156/16, 2165/16 & 2171/16, mem. dec. (Sept. 14, 2016).

Read more